Sexual Harassment Policy
Boston University is committed to the principle that no employee, student, or applicant for employment or admission should be subject to sexual harassment. The University strives to provide workplaces and learning environments that promote equal opportunity and are free from illegal discriminatory practices, including sexual harassment.
Sexual harassment is a violation of federal and state laws and of University policy, as is retaliation against any individual who in good faith files a complaint of sexual harassment or cooperates in the investigation of such a complaint. Upon receipt of a complaint of sexual harassment or retaliation, Boston University will undertake a fair and thorough investigation, with due regard for the rights of all parties. Every reasonable effort will be made to protect the confidentiality of the parties during the investigation. After an investigation, any person who is found to have sexually harassed or retaliated against another will be subject to discipline, up to and including termination of employment and, if a student, expulsion from Boston University.
Definition of Sexual Harassment
Sexual harassment is defined as sexual advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature, whether intentional or unintentional, where:
- an individual’s submission to or rejection of the conduct is made, either explicitly or implicitly, a term or condition of employment or of status in a course, program or activity, or is used as a basis for an employment or academic decision; or
- the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance, or educational experience, or of creating an intimidating, hostile, humiliating, or offensive working, educational, or living environment.
Examples of Conduct Which May Constitute Sexual Harassment
It is not possible to list all circumstances that might constitute sexual harassment. In general, sexual harassment encompasses any sexually related conduct which causes others discomfort, embarrassment, or humiliation, and any harassing conduct, sexually related or otherwise, directed toward an individual because of that individual’s sex. Sexual harassment also includes sexual violence, including sexual acts perpetrated against a person’s will or a person incapable of giving consent. All such conduct is subject to this policy whenever it occurs in a context related to the employment or academic environments, or if it is imposed upon an individual by virtue of an employment or academic relationship.
A determination of whether conduct constitutes sexual harassment is dependent upon the totality of the circumstances, including the pervasiveness or severity of the conduct. The Massachusetts Commission Against Discrimination lists the following examples of conduct which may constitute sexual harassment:
- Unwelcome sexual advances—whether they involve physical touching or not;
- Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life;
- Comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
- Displaying sexually suggestive objects, pictures, or cartoons;
- Unwelcome leering, whistling, brushing against the body, sexual gestures, or suggestive or insulting comments;
- Inquiries into one’s sexual experiences; and
- Discussion of one’s sexual activities.
In order to constitute sexual harassment, conduct must be unwelcome. Conduct is unwelcome when the person being harassed does not solicit or invite it and regards it as undesirable or offensive. The fact that a person may accept the conduct does not mean that he or she welcomes it.
As a university, Boston University, its employees, and students also must be aware of the need for freedom of inquiry and openness of discussion in its educational and research programs, and must strive to create and maintain an atmosphere of intellectual seriousness and mutual tolerance in which these essential features of academic life can thrive. No university can or should guarantee that every idea expressed in its classrooms or laboratories will be inoffensive to all; pursued seriously, education and scholarship necessarily entail raising questions about received opinions and conventional interpretations. Boston University does guarantee, however, that credible accusations of inappropriate sexual remarks or actions will be investigated promptly, thoroughly, and fairly.
Sexual harassment is a form of sex discrimination that is prohibited under Title IX of the Education Amendments of 1972. If you have questions concerning the application of Title IX, please contact the Executive Director of Equal Opportunity, 19 Deerfield Street, Fl. 2, tel. 617-353-9286, who serves at the University’s Title IX Coordinator.
If you wish to file a complaint of sexual harassment, you are strongly encouraged to contact immediately the appropriate person listed below:
Faculty, staff, or applicants for employment
Contact the Executive Director of Equal Opportunity in the Equal Opportunity Office, 19 Deerfield Street, Fl. 2, 617-353-9286. Employees may also contact their Human Resources Consultant at Human Resources, 25 Buick Street, (617) 353-2380, or at Medical Campus Human Resources, 801 Massachusetts Avenue, Crosstown Center Building, Suite 400, 617-638-4610.
Contact the Dean of Students Office 775 Commonwealth Avenue, (617) 353-4126. Students living in campus residences may also contact their local hall or area office. All students may also contact the Equal Opportunity Office. For information on reporting sexual misconduct by students, please see Sexual Misconduct by Students Policy.
Applicants for admission
Contact the Executive Director in the Equal Opportunity Office, 19 Deerfield Street, Fl. 2, 617-353-9286.
Employees covered by a collective bargaining agreement
Specific provisions of the agreement may provide additional options for addressing a sexual harassment complaint.
Nothing in this policy is intended to limit the authority of Boston University to take appropriate disciplinary action against any individual who violates University rules or policies, whether or not the conduct constitutes sexual harassment under law or University policy.
State and Federal Agencies
In addition to the above, you may file a formal complaint with the government agencies listed below:
Faculty, staff, applicants for employment, or students
Massachusetts Commission Against Discrimination
One Ashburton Place, Room 601
Boston, Massachusetts 02108
Faculty, staff, or applicants for employment
United States Equal Employment Opportunity Commission
John F. Kennedy Building, 475 Government Center
Boston, Massachusetts 02203
Students, applicants for admission, faculty, staff, or applicants for employment
Office for Civil Rights
U.S. Department of Education
33 Arch Street, Suite 900
Boston, Massachusetts 02110